Palmer v. Harper
Ohio Supreme Court
Error to the Court of Common Pleas. Palmer sued Harper in assumpsit upon a note, payable in cattle. A trial was had on the plea of non assumpsit, and notice that by a subsequent agreement, the time for the delivery of the cattle was extended, and a tender -and refusal within the extended time.
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Error to the Court of Common Pleas. Palmer sued Harper in assumpsit upon a note, payable in cattle. A trial was had on the plea of non assumpsit, and notice that by a subsequent agreement, the time for the delivery of the cattle was extended, and a tender -and refusal within the extended time. The clerk of the Court of Common Pleas certifies to this court, 1. That the court instructed the jury to seal up and deliver their verdict to their foreman, or the court would receive it at chambers without seal. ■ The jury found for the defendant the agreement and tender as set forth in the notice. The…
1Opinion of the Court
BY THE COURT.
The mode of receiving a verdict and of permitting non suits, is mere matter of practice, for our own courts to-establish; in this they are not necessarily governed by the practice in other states or countries. Here there was no offer to enter a non suit, nor asking for leave, but a mere giving of notice by the plaintiff, that if called he should not answer, but submit to a non 384] *suit. He was not called or non suited, and be now complain» that he was not. The right to demand daily, and to enforce a non-suit for non aj>pearance, does not seem to us to bear much upon…
2Cited by1 opinion
- Chapman v. ChapmanSupreme Court of Pennsylvania · 1868